MAHARASHTRA 

THE BOMBAY NURSING HOMES REGISTRATON ACT, 1949 

CONTENTS 

PREAMBLE 

SECTIONS 

1.   
2.  
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 

Short title, extent and commencement 
Definitions 
Prohibition to carry on nursing home without registration 
Application for registration 
Registration 
Penalty for non-registration 
Cancellation of registration 
Notice of refusal or of cancellation of registration 
Inspection of nursing homes 
Income of local supervising authority 
Expenses of local supervising authority 
Penalty for offences under Act 
Offences by corporations 
Court competent to try offences under Act 
Indemnity to persons acting under this Act 
Rules 
By-laws 

----- 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BOMBAY ACT NO. XV OF 1949 

[THE BOMBAY NURSIGN HOMES REGISTRATION ACT 1949] 

[6th May 1949] 

An Act to provide for the registration and inspection of nursing 
Homes in the Province of Bombay and for certain purpose 
Connected therewith. 

WHEREAS  it  is  expedient  to  provide  for  the  registration  and  inspection  of  nursing 
homes  in  the  Province  of  Bombay  and  for  certain  purposes  connected  therewith;  It  is 
hereby enacted as follows: - 

1.  (1)  This  Act  may   be   called   the   Bombay   Nursing   Homes  Registration  

Act,1949. 

     (2)  This  section  extends  to  the  whole  of  the   Province   of   Bombay.  The  
remaining provisions of this Act extend in the first instance to the Greater 
Bombay  and  the  areas  within  the  limits  of  the  Municipal  Boroughs  of 
Ahmedabad,  Poona  City,  Poona  Suburban  and  Sholapea  and  the 
Provincial Government may, by notification in the Official Gazette, direct 
that  the  said  provisions  shall  extend  to  such  other  areas  as  may  be 
specified in the notification. 

     (3)  This  section  shall  come  into  force  at once.  The Provincial Government 
may,  by  notification  in  the  Official  Gazette,  direct  that  the  remaining 
provisions of this Act shall come into force in any area to which the said 
provisions  extend  or  may  have  been  extended  under  sub-section  (2)  on 
such date as may be specified in the notification  

2.  In this Act, unless there is anything repugnant in the subject or context 
     (1)  “By-laws” means by-laws made by the local supervising authority; 
     (2)  “Local   supervising   authority”  in   the    case    of     a    municipal    area    
means  the  municipality  established  for  such  area ,  and  in  the  case  of  
any other area a district local board established for the said area; 

     (3)  “Maternity  home” means  any  premises  used, or  intended to be used, for  
the  reception  of  pregnant  women  or  of  women  in  or  immediately  after   
child birth; 

     (4)  “Nursing home” means any premises used or intended  to  be  used, for the  

reception  of  persons  suffering  from  any  sickness,  injury  or  infirmity  and    
the providing to treatment and nursing for them, and includes a maternity 
home; and the expression “to carry on a nursing home” means to receive 
persons in a nursing home for any of the aforesaid purposes and to provide 
treatment or nursing for them; 

     (5)  “Prescribed” means prescribed by rules made under this Act; 
     (6)  “Qualified medical  practitioner”  means  a  medical practitioner registered  
under the Bombay Medical Act, 1912, or any other law for the time being  

      in force; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
             
 
           (7) “Qualified  midwife”  means  a  midwife   registered   under   the   Bombay  
Nurses, Midwives and Health Visitors Registration Act, 1935 

     (8)  “Qualified  nurse” means a  nurse  registered  under  the  Bombay  Nurses,  

     Midwives and Health Visitors Registration Act, 1935. 

           (9)  “register” means to register under section 5 of this Act and the expressions  

      “registered” and “registration” shall be construed accordingly; 

     (10) “Rules” means rules made under this Act. 
3.  No person shall carry on a nursing home unless he has been duly  registered  in  
respect  of  such  nursing  home  and  the  registration  in  respect  thereof  has  not 
been cancelled under section 7: 

Provided  that  nothing  in  the  section  shall  apply  in  the  case  of  a  nursing  home 
which, is in existence at the date of the commencement of this Act, for a period of three 
months from such date or if an application for registration is made within that period in 
accordance with the provisions of section 4 until such application is finally disposed of. 

4.  (1)  Every person intending to carry on a nursing home shall  make  every  year  
an  application  for  registration  or  the  renewal  of  registration  to  the  local 
supervising authority: 

Provided that in the case of a nursing home which is in existence at the date of the 
commencement  of  this  Act  an  application  for  registration  shall  be  made  within  three 
months from such date. 

     (2)  Every application for registration or  the  renewal  of  registration  shall  be  
  made  on  such  date  and  in  such  form  and  shall  be  accompanied, by  

such fee, as may be prescribed. 

5.  (1)  Subject to the provisions of this Act and the  rules ,  the  local  supervising  
authority shall, on the receipt of an application for registration, register the 
applicant  in  respect  of  the  nursing  home  named  in  the  application  and 
issue to him a certificate of registration in the prescribed form: 

Provided that the local supervising authority may refuse to register the applicant if 

it is satisfied: 

(a)  That  he,  or  any  person  employed  by  him  at  the  nursing  home,  is  not  a  fit 
person, whether by reason of age or otherwise, to carry on or to be employed 
at  a  nursing  home  of  such  a  description  as  the  nursing  home  named  in  the 
application; or 

(b)  That the nursing home is not under the management of a person who is either  

a qualified medical practitioner or a qualified nurse and who is resident in the    
home, or that there is not approver proportion of qualified nurses among the 
persons  having  the  superintendence  of  or  employed  in  the  nursing  of  the 
patients in the home; or 

(c)  That in the case of a maternity home it has not got on its staff a qualified  

 midwife; or 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
(d)  That for reasons connected with the  situation,  constriction,  accommodation,  
staffing  or  equipment, the  nursing home or any premises used in connection 
therewith are not fit to be used for a nursing home of such a description as the 
nursing  home  mentioned  in  the  application  or  that  the  nursing  home  or 
premises  are  used  or  are  to  be  used  for  purposes  which  are  in  any  way 
improper or undesirable in the case of such nursing home.  
(2)  A certificate of registration issue under this  section  shall ,  subject  to  the  
provisions of section 7, be in force and shall be valid until the 31st day of 
March next following the date on which such certificate was issued. 
(3)  The certificate of registration issued in respect of nursing home shall be  

kept affixed in a conspicuous place in the nursing home. 

6.  Whoever  contravenes  the  provisions  of  section 3,  shall, on  conviction,  be  
punished with fine which may extend to five hundred rupees or, in the case of 
a  second  or  subsequent  offence,  with  imprisonment  for  a  term  which  may 
extend to three months or with fine which may extend to five hundred rupees 
or with both. 

7.  Subject  to  the  provisions  of  this  Act,  the  local  supervising  authority  may  at 
any time cancel the registration of a person in respect of any nursing home on 
any ground which would entitle ti to refuse an application for the registration 
of that person in respect of that home, or on the ground that that person has 
been convicted of an offence under this Act or that any other person has been 
convicted of such an offence in respect of that home. 

8.  (1)  Before making an order refusing an application for registration or an order  
canceling any registration, the local supervising authority shall give to the 
applicant or to the person registered, as the case may be, not less than one 
calendar month’s notice of its intention to make such an order, and every 
such notice shall state the ground on which the local supervising authority 
intends to make the order and shall contain an intimation that if within a 
calendar  month  after  the  receipt  of  the  notice  the  applicant  or  pers  on 
registered  informs  the  authority  in  writing  that  he  desires  so  to  do,  the 
local  supervising  authority  shall,  before  making  the  order,  give  him  (in 
person  or  by  representative)  an  opportunity  of  showing  cause  why  the 
order should not be made. 

(2) If the local supervising authority, after giving the applicant  or  the  person  
registered an opportunity of showing cause as aforesaid, decides to refuse 
the  application  for  registration  or  to  cancel  the  registration,  as  the  case 
may be, it shall make an order to that effect and shall send a copy of the 
order by registered post to the applicant or the person registered.  

(3) Any person aggrieved by an order refusing an application  for  registration  
or canceling any registration may, within a calendar month after the date 
on which the copy of the order was sent to him, appeal to the Provincial 
Government against such order of refusal.  The decision of the Provincial 
Government on any such appeal shall be final. 

 
 
 
 
 
(4) No such order shall come into force until after the expiration of a calendar  
month from the date on which it was made or, where notice of appeal is 
given against it, until the appeal has been decided or withdrawn. 

9.  (1)  The Health Officer of the local supervising  authority or the Civil Surgeon  
of the district in which a nursing home is situated or any other officer duly 
authorised  by  the  local  supervising  authority  or  the  Civil  Surgeon,  may, 
subject  to  such  general  or  special  orders  as  may  be  made  by  the  local 
supervising  authority,  at  all  reasonable  times  enter  and  inspect  and 
premises  which  are  used,  or  which  that  officer  has  reasonable  cause  to 
believe  to  be  used,  for  the  purpose  of  nursing  home,  and  inspect  any 
records required to be kept in accordance with the provisions of this Act: 

Provided that nothing in this Act shall be deemed to authorise any such 
officer to inspect any medical record relating to any patient in a nursing home. 
(2)  If any person refused to allow any such officer to enter or inspect any such  
premises  as  aforesaid,  or  to  inspect  any  such  records  as  aforesaid  or 
abstracts any such officer in the execution of his powers under this section, 
he shall be guilty of an office under this Act. 

10. Any fees received under this Act shall be paid into the fund of the local  

supervising authority. 

11. Notwithstanding   anything   contained   in   any  enactment  in  regard  to  any  
municipal or local fund, all expenses incurred by a local supervising authority 
under and for the purposes of this Act and the rules and by-laws may be paid 
out of the municipal or local fund, as the case may be. 

12. Whoever contravenes any of the provisions of this Act or of  any  rule  shall, if  
no  other  penalty  is  elsewhere  provided  in  this  Act  or  the  rules  for  such 
contravention, on conviction, be punished with fine which may extend to fifty 
rupees  and  in  the  case  of  a  continuing  offence  to  a  further  fine  of  fifteen 
rupees  in  respect  of  each  day  on  which  the  offence  continues  after  such 
conviction. 

13. Where a person committing an offence under this Act is  a  company  or  other  
body  corporate  or  an  association  of  persons  (whether  incorporated  or  not), 
every person who at the time of the commission of the offence was a director, 
manager,  secretary,  agent  or  other  officer  or  person  concerned  with  the 
management  thereof  shall,  unless  he  proves  that  the  offence  was  committed 
without his knowledge or consent, be deemed to be guilty of such offence. 
14. No court other than that of a Presidency Magistrate or a Magistrate of the first  

class shall take cognizance of or try any offence under this Act. 

15. No suit, prosecution or other legal  proceeding  shall  be  instituted against any  
person for anything which is in good faith done or intended to be done under 
this Act, rules or by-laws. 

 
 
 
 
 
 
16.  (1)  The Provincial Government may, by notification in the  Official  Gazette,  
make person for anything which is in good faith done or intended to be   
done under this Act, rules or by-laws. 

(2)  Without prejudice to the generality of the foregoing provisions such rules  

   may prescribe -  
  (a)  The form of the application to be made under section 4. 
  (b)  The  date  on  which  an  application  for  registration  or  renewal  of  

  registration to be made and the fees to be paid for such registration or              
  renewal of registration, 

 (c)  The form of the certificate of registration to be issued under section 5. 
(d)  For  any  other  matter  for  which  no provision has been made in this  
Act, and for which provision is, in the opinion of the Provincial             
Government, necessary. 

      (3)  The   power   to   make   rules    under    this   section  shall  be  subject  to   
             the  condition of previous publication in the Official Gazette. 
17. (1)  The  local  supervising  authority may make by-laws not inconsistent with  

        this Act or rules -  

(a)  Prescribing  the  records  to  be  kept  of  the  patients  received  into  a  
nursing home, and in the case of the maternity home, of miscarriages, 
abortions  or  still  births  occurring  in  the  nursing  home  and  of  the 
children  born  therein  and  of  the  children  so  born  who  are  removed 
from  the  home  otherwise  than  to  the  custody  or  care  of  any  parent, 
guardian relative. 

(b) Requiring notification to be given of any death occurring in the nursing     
      home. 

(2) Any by-law made by a local  supervising  authority  under  this  Act  may  

  provide that a contravention thereof shall be punishable:  
(a)  With fine which may extend to fifty rupees; or 
(b)  With fine which  may   extend  to  fifty  rupees  and  in  the  case  of  a  
continuing contravention, with an additional fine which may extend to 
fifteen  rupees  for  every  day  during  which  such  contravention 
continues after conviction, for the first such contravention; or 

(c)  With fine which may extend  to  fifteen  rupees  for  every  day  during  
  which the contravention continues after the receipt of a notice from the 
local  supervising  authority  by  the  person  contravening  the  by-law 
requiring such person to discontinue such contravention.  

(d)  No by-law made by the  local  supervising  authority  shall  come  into  

force until it has been confirmed by the Provincial Government with or           
without modification. 

       (4)  All by-means under this section shall be published in the official Gazette. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
    
   
 
 
 
 
18. Nothing in this Act shall apply to -   

(i)  any  nursing home carried on by Government or a local authority or by  
any other body of persons approved by the Provincial Government in 
this behalf; and  

           (ii) Any asylum  for  lunatics  or  patients  suffering  from  mental diseases,  

     within the meaning of the Indian Lunacy Act, 1912. 

 
 
      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
IN DEVELOPMENT, PUBLIC AND HOUSING DEPARTMENT 

Sachivalaya, Bombay-32, 10th May 1973 

BOMBAY NURSING HOMES REGISTRATION ACT, 1949  

No. NHM. 1161/33950/39497-GII – In exercise of the powers conferred by sub-
section  (1) and clauses (a) to  (d) of sub-section (2) of section of the Bombay Nursing 
Homes Registration Act, 1949 (Bomb. XV of 1949), and of all other powers enabling it 
in that behalf, the Government of Maharashtra hereby make the following rules, the same 
having  been  previously  published  as  required  by  subsection  (1)  of  the  said  section  16, 
namely: -   

I-GENERAL 

1.  Short  title – These  rules  may   be  called  the  Maharashtra  Nursing   Homes  

Registration Rules, 1973 

2.  Definitions – In these rules, unless the context requires otherwise -   

(a)   “Act” means the Bombay Nursing Homes Registration Act, 1949; 
(b)   “Form” means a forth appended to the rules; and 
(c)   “Section” means a section of the Act. 

II-MAINTENANCE OF REGISTER 

3.  Register – The local supervising authority shall maintain a register in Form ‘A’  

showing the names of persons registered under section 5 

4.  Application for registration – Any person intending to carry on a nursing home  
shall  make  an  application  to  the  local  supervising  authority  in  Form  ‘B’  at 
least one month before the date on which he intends to carry on such a nursing 
home.  Such application shall be accompanied by a fee prescribed in sub-rule 
(1) of rule 7. 

5.  Grant  of  certificate  of  registration  –  the  local  supervising  authority  shall  if 
satisfied  that  there  is  no  objection  to  registration,  register  the  applicant  in 
respect of a nursing home and issue to him a certificate of registration in Form 
‘C’ 

6.  Renewal of registration – An application for the renewal of registration shall 
be made every year in advance in Form ‘B’ in the month of January, and shall 
be accompanied by the fee prescribed in sub-rule of rule 7. 

7.  Fees for registration and renewal of registration –  

(1)  The fees to be paid for registration shall be charged as under: - 

(a) 
(b) 

Rs. 20 in respect of a nursing home having not more than 10 beds; 
Rs. 50 in respect of a nursing home having more that 10 beds. 

(2)  The fees for the renewal of registration, shall in  each  case,  be one-half of  

the amount payable for the first registration. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.   Transfer of ownership etc. of nursing home – Immediately the transfer of the 
ownership  or  management  of  nursing  home  the  transferor  and  the  transferee 
shall  jointly  communicate  the  transfer  effected  to  the  local  supervising 
authority  and  the  transferee  shall  make  an  application  for  registration  in 
accordance with the provisions of rule 4 

16. Change of address – A person registered under the Act in respect  of a nursing  
home shall communicate to the local supervising authority any change in his 
address  or  in  the  situation  of  the  nursing  home  in  respect  of  which  he  is 
registered not later that seventy-two hours after such change.  

17. Change  in  staff  –  Any  change  in  the  medical,  nursing  or  midwifery  staff 
together  with  the  dates  on  which  such  changes  has  taken  place  shall  be 
communicated to the local supervising authority immediately and in any case, 
not later than three days of such change. 

11.  Lost certificate – In the event of certificate of registration being  

or  destroyed,  the  holder  may  apply  to  the  local  supervising  authority  for  a 
fresh certificate and the local supervising authority may, if it thinks fit, issue 
such certificate upon payment of a fee of Rs. 5 A certificate issued under this 
rule shall be marked “Duplicate” 

_________ 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MUNICIPAL CORPORATION OF GREATER BOMBAY 
PUBLIC HEALTH DEPARTMENT 
NOTIFICATION 
MDA. 4029 

The following by-laws framed in exercise of powers conferred by sub-sections (1) 
and (2) of section 17 of the Maharashtra (Bombay) Nursing Home Registration Act, 1949 
and approved by the Municipal Corporation of Greater Bombay by their Resolution No. 
374  of  4th  August,  1955  and  confirmed  by  the  Government  of  Maharashtra  (Bombay) 
vide letter No. NMH. 1057/49231-D dated 3rd February, 1968, from the Deputy Secretary 
to the Government of Bombay Local self-government and Public Health Department as 
required  by  Sub-section  (3)  of  Section  17  of  the  said  Act  are  published  herewith  as 
required by sub-section (4) of section 17 of the said act. 

These  bylaws  shall  come  into  force  from  the  date  of  publication  in  the 

Government Gazette: 

By-Laws 

I.   Short title and extent: - 

(1)  These  bylaws  may  be  called  the  Bombay   Municipal  Corporation      

Nursing Homes Registration by-laws, 1954 

(2)   They extend to Greater Bombay 

II.   Definitions: -  In  these  by-laws, unless  there  be  anything  repugnant  in  the      
       subject or context.  

(a)   “The Act” means the Bombay Nursing Homes Registration Act, 1949  
(b)   “Corporation”  means  the Municipal Corporation of Greater Bombay  

   constituted   under  the  Bombay  Municipal  Corporation  Act,  1988         
  (here in after referred to as “The Municipal Act” 

(c)   “Infections disease” means any disease which  a  medical  practitioner  

  is  required   to   notify   to   the   Executive   Health  Officer   of   the     
  Corporation as under Section 421 of the Municipal Act or any other     

        law for the time being inforce; 
(d)  “Keeper  of a  nursing  home”  means  a  person  who  has  been  duly  
registered  by  the  Corporation  in  respect  of  a  Nursing  home  under 
section  5  of  the  Act  and  whose  registration  has  not  been  cancelled 
under section 7 of the Act. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
III.  Record of patients received into or of children born in the Nursing Home: -  

 The keeper of a Nursing Home shall keep and maintain.  

(a)   In the form appended to these by-laws a register  of  patients  received  

  into the Nursing Home; 

(b)   A correct alphabetical index of the names of the patients  admitted  to  

  the nursing home; 

(c)   A daily record of health of every  patient  who  may be suffering from  

 acute illness; 

(d)  A daily record of health of every woman admitted to the nursing  
(e)   home for  delivery  and  of every child born to such woman in nursing     
       home; and  
(f)   A daily and weekly record of health of other patients. 

2.  The Keeper of nursing home shall keep and maintain a register special form, 
of  maternal  and  infant  deaths  occurring  in  the  nursing  home,  and  submit 
monthly returns thereof to the Executive Health Officer.  

3.  Where  the  register  referred  to  in  sub  clause  (1)  relates  to  a  woman  who  has 
been admitted for delivery and where a child b orn to such woman is removed 
with the consent of the keeper of a nursing hope and of the parents or mother, 
to the care of a person other than its father, guardian or relative, the keeper of 
such nursing home shall, in addition to the particulars specified in clause (1) 
also specify in the register the name and address of such person and the date 
on which and the consideration for which the child was so removed. 

IV.   Notice of death occurring in Nursing Home: - 

(1)  If any death occurs in a nursing home, the keeper of the nursing home  

shall  within  24  hours  from  the  occurrence  of  the  death  given  in      
       writing the notice of such death to the Executive Health Officer of the     
       Corporation or  he  Registrar  of  Births  and  Deaths  for  the  District,  
       appointed  under   section  442  of  the  Municipal  Act, within  whose  
       jurisdiction the nursing home is situated. 
(2)  The notice may be sent  by  pre-paid  post  or  in  any  other  effective      

manner 

(a)  The notice shall contain the  particulars  required  to  be  entered  in  a  

  register sheet under Section 451 of the Municipal Act. 

(b)  Within twenty-four hours of the conclusion of the inquest, if any, held  

 on the death of any patient admitted into a  nursing  home,  the  keeper       
 of such home shall forward a report to the Executive Health Officer of   
 the Corporation or the Registrar of Births and Deaths  for  the  District  
 concerned, containing the following particulars, namely: - 

(c)  Date of inquest; 
(d)  Cause of death as found by the  authority  by  which  the  inquest  was  
       held. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(e)  Penalty: -  Any person who contravenes the provisions of any of these 

bye-  laws, shall, on conviction, be punished: - 
(f)  With fine which may extend to fifty rupees, or 
(g)  With fine  which  may  extend  to  fifty  rupees  and  in  the  case  of  a  
continuing contravention with an additional fine which may extend to 
fifteen  rupees  for  every  day  during  which  such  contravention  after 
conviction for the first such contravention, or 

(h)  With fine Which may extend to  fifteen rupees  for  every  day  during  
  which  the  contravention  continues  after  the  receipt  of  a  notice  from    
the  Corporation  by  the  person  contravening  the  by-laws,  requiring 
such person to discontinue such contravention. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Registration Rules, 1973 
Amendment to -   

GOVERNMENT OF MAHARASHTRA  
Urban Development and Public Health Department 
Resolution No. MNH/1173/30748 (349) PH – 10  
Sachivalaya, Bombay – 32  
Date: 19TH November 1976 

READ:   Government Resolution, Urban Development & Public Health Department No. 
Mnh-1173/30748/(349) PH-10 dated the 15th April 1976. 
RESOLUTION:      The  accompanying  notification  should  be  published  in  part  IV-B  of 
the Maharashtra Government Gazette. 

By order and in the name of the Governor of Maharashtra 

Sd/-(S.V.Abhyankar) 
       Desk Officer 

To, 

The Municipal Commissioner, Bombay 

Urban Development & Public Health Department 
Sachivalaya, Bombay 400032 dated the 9th November 1976 

BOMBAY NURSING HOMES REGISTRATION ACT, 1949 

No. MNH-1173/30748-(349)-PH-10: - Inexercise of the powers conferred by sub-section 
(2)  of  section  4  and  clause  (b)  of  sub-section  (2)  of  section  16  of  the  Bombay  Nursing 
Homes Registration Act, 1949 (Bom. XV of 1949) and of all other powers enabling it in 
that behalf; the Government of Maharashtra hereby makes the following rules, further to 
amend the Maharashtra Nursing / Homes Registration Rules 1973, the same having been 
previously published as required by sub-section (3) of the said section 16 namely: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RULES 

1.  These    rules    may    be   called    the   Maharashtra   Nursing   Homes   Registration  

(Amendment) Rules, 1976 

2.    In rule 7 of the Maharashtra Nursing Homes Registration Rule 1973: - 

(a)   In sub-rule (1) 

(i)   In clause (a) for the figures “20” the figures “50”shall be substituted; 
(ii)  In clause (b) for the figures “50” the figures “100” shall be  

                               substituted. 

(b)  In sub-rule (2) for the  words  “one  half  of”  the  words  “equal  to”  shall  be  

substituted 

By order and in the name of the Governor of Maharashtra, 

(These rules are amended by this notification for the first time). 

Sd/-(S.V.Abhyankar) 
    Desk Officer 

……………. 

No. HO/39039/R-I of 30.11.76 

Copy  forwarded  to  A.H.O.  I  to  IV,  M.Os.  (H)  &  Sr.S.Is.  A  to  T  wards  for 
information  attention  and  necessary  action.    Revised  fees  should  be  effective  from 
1.4.1977 and therefore applications received from Jan. 77 renewal should accompany the 
revised fees. 

Sd/- 

      D.E.H.O.   

 Sd/- 
H.O. 

No. HO/45026/RI of 

Copy recalculated to A.H.O. I to IV, M.OS. (H) & Sr. S.Is. A to T wards for information, 
attention and necessary action please. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8. PROCEDURE FOR GRANT OF CERTIFICATE OF REGI 
STRATION FOR NURSING HOME 

LEGAL PROVISION 
The nursing homes in Greater Bombay are controlled under the provision of the 
Bombay Nursing Home Registration Act, 1949, the Bombay Nursing Homes Registration 
Rules,  1973  and  the  Bombay  Municipal  Corporation  Nursing  Homes  Registration 
Bylaws,  1954.    Section  3  to  5  and  7  and  8  of  the  Act  and  rules  4  to  11  deal  with 
registration of nursing homes.  Section 3 of the Act lays down that no person shall carry 
on a nursing home unless he has been duly registered in respect of such nursing home.  
Section  6  of  the  Act  prescribed  penalty  with  fine  to  the  extent  of  Rs.  500/-  for  non-
registration  and  in  the  case  of  second  or  subsequent  offence  with  imprisonment  to  the 
extent of 3 months or with fine to the extent of Rs. 500/- or with both.  Section 12 of the 
Act  prescribes  penalty  for  contravention  of  any  other  provisions  of  the  Act  or  any 
provisions of the rules. 

The  Bombay  Municipal  Corporation  Nursing  Homes  Registration  Bylaws,  1954 
govern  nursing  homes  in  regard  to  the  records  to  be  kept  of  the  patients  received  into 
nursing homes or children born therein, etc.  The Bylaws also provide for penalty for the 
breach of their provisions. 

The  terms  “Maternity  Home”  and  “Nursing  Home”  have  been  defined  under 

section 2 of the Act as under: - 

“Maternity  Home”  means  any  premises  used  or  intended  to  be  used,  for  the 
reception of pregnant women or of women in or immediately after  childbirth.    “Nursing 
Home”  means  any  premises  used  or  intended  to  be  used,  for  the  reception  of  persons 
suffering  from  any  sickness,  injury  or  infirmity  and  the  providing  of  treatment  and 
nursing  for  them,  and  includes  a  maternity  home,  and  the  expression  to  carry  on  a 
“nursing  home”  means  to  receive  persons  in  a  nursing  home  for  any  of  the  aforesaid 
purposes and to provide treatment or nursing h/ for them. 

The  Municipal  Corporation  of  Greater  Bombay  is  the  ‘Local  Supervising 
authority’  as  per  the  definition  of  the  term  given  in  the  Act  and  is  responsible  for  the 
enforcement  of  the  legal  provisions  within  its jurisdiction.  The Corporation has,  by  its 
Resolution  No.  596  dated  13.8.19.64  authorised  the  Municipal  Commissioner,  Deputy 
Municipal  Commissioner,  Executive  Health  Officer,  Deputy  Municipal  Commissioner, 
Executive Health Officer, Deputy Executive Health Officers, Medical Assistant in charge 
Sections and Sanitary Inspectors to execute the provisions of the Bombay Nursing Homes 
Registration Act, 1949, and Rules and by-laws framed there under in Greater Bombay. 

Any person carrying on or intending to carry on a nursing home has to apply in 
the prescribed from (Form ‘B’) to the Medical Officer of Health of the ward concerned. 
The  from  of  application  is  available  on  payment  of  rupee  one  from  the  office  of  the 
Medical Officer of Health a specimen form of the application is in the rules. 

On receipt of the application, the premises where the nursing home is carried on 
or  is  intended  to  be  carried  on  is  inspected  and  a  report  about  its  suitability  for 
registration is submitted to the higher authority. 

 
 
 
 
 
 
 
 
 
 
 
 
The suitability is determined n the following considerations (Section 5): 
1.  Fitness of the applicant or his agent to carry on the nursing home. 
  Management under qualified medical practitioner or qualified nurse and  

resident in the home. 

Proper portion of qualified nurses among sons superintending or nursing the patients 
in the home. (Please see Sec. 5(1) (a) & item 14(b) of the application form).  

4.   If a maternity home is a qualified nurse on its staff 
5.   Fitness of the premises in regard to situation, construction, accommodation,  

staffing or equipment 

6.   Use of the premises for any improper r undesirable purposes. 

ISSUE OF CERTIFICATE OF REGISTRATION 
If the premises are found suitable, the applicant is informed in writing to pay the 

necessary fees for registration in the office of the Medical Officer of Health. 

On receipt of the fees for registration, the application is registered in the office of 
the  M.O.H.  in  a  register  in  Form  ‘A’  as  required  under  Rule  3  of  the  Rules  and  a 
certificate of registration duly signed is issued to the applicant.  A specimen form of the 
certificate of Registration is in the rules. 

PERIOD OF VALIDITY OF THE CERTIFICATE 
A  certificate  of  registration  issued  is  valid  until  the  31st  day  of  March  next 

following the date on which it was issued. 

The  certificate  must  be  displayed  in  a  conspicuous  place  in  the  nursing  home. 

(Please see Sec. 5(3)). 

RENEWAL OF REGISTRATION 
An application for renewal is to be January accompanied by the renewal feed.  If 
the M.O.H. is satisfied that the application is in order, he will issue a fresh certificate of 
registration (Rule 6) 

REFUSAL OR CANCELLATION OF REGISTRATION 
The M.O.H. has the discretion to refuse to register an application for the reasons 
given in Section 5 of the Act and to cancel the registration as provided under Section of 
the Act. 

However, the M.O.H. has to give to the applicant or/to the person registered, not 
less  than  one  calendar  month  notice  of  his  intention  to  make  an  order  of  refusal  or 
cancellation giving reasons therefore.  The notice should also contain intimation that the 
applicant  or  the  person  registered  will  be  given  in  person  or  by  a  representative,  an 
opportunity within one calendar. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LOST CERTIFICATE 
If  a  certificate  of  registration  is  lost  or  destroyed,  the  holder  may  apply  to  the 
M.O.H.  for  a  fresh  certificate.    A  certificate  marked  as  “Duplicate”  will  be  issued  on 
payment of Rs. 5/- (Rule 11). 

Bylaws 

: 

Copy of Bylaws attached. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  following  Act  of  the  Bombay  Legislature,  having  been  assented  to  by  the 

Governor on the 15th September 1959 is hereby published for general information   

N. K. DRAVID 

Secretary to the Government of Bombay, 
Legal Department 

BOMBAY ACAT No. XLII OF 1959 

(First published, after having received the ascent of the Governor in the  
“Bombay Government Gazette” on the 19th September, 1959 

An Act to extend the Bombay Nursing Homes Registration Act, 1949, to 
the rest of the State of Bombay and to amend that Act 

WHERAS the Bombay Nursing Homes Registration Act,   1949,  extends  only  to 

the pro-Reorganisation State of Bombay, excluding the transferred territories; 

AND WHEREAS no corresponding law exists in the rost of the State of Bombay; 

AND  WHEREAS  it  is  expedient  that  the  Bombay  Nursing  Homes  Registration 
Act,  1949  be  extended  to  the  rost  of  the  State  of  Bombay  and  in  its  application  to  the 
whole  of  the  State  be  amended  for  certain  purposes  hereinafter  appearing;  It  is  hereby 
enacted in the Tenth Year of the Republic of India as follows: - 

1.  This Act may be called the Bombay Nursing  Homes  Registration  (Extension  

and Amendment) Act, 1959  

2.  The Bombay Nursing Homes  Registration  Act, 1949, is  hereby  extended  to  
that part of the State of Bombay to which, immediately before the commence 
month of this Act, it did not extend 

3.  In the Bombay Nursing Homes Registration Act, 1949, in its application to the  
whole of the State of Bombay (hereinafter refereed to as “the principal Act”) 
in  the  long  title,  for  the  words  “Province  of  Bombay”  the  words  “State  of 
Bombay” shall be substituted. 

 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.  In section 1 of the principal  Act, for  sub-section  (2)  the  following  shall  be  

substituted namely: - 
(2)   This section extends to the whole of the State of Bombay.  The remaining  
provisions of this Act extend to Greater Bombay, the Cities Poona and 
Ahmedabad  as  constituted  under  section  3  of  the  Bombay  Provincial 
Municipal  Corporations  Act,  1949,  the  City  of  Nagpur  as  constituted 
under  the  City  of  Nagpur  Corporation  Act,  1918  and  the  Municipal 
Borough of Solapur.  The State Government may by notification in the 
Official  Gazette,  direct  that  the  said  provisions  shall  extend  to  such 
other areas as may be specified in the notification. 

5.   In section 2 of the principal Act: - 

(1)   After ciause (1), the following clause shall be inserted, namely: - 

  “ (1-a) ‘district’ local board’ in relation to any area other than a 
municipal  area,  means  a  district  local  board,  district  board,  district 
Panchayat or Janapada Sabha or similar local authority established under 
any  law  for  the  time  being  in  force  relating  to  the  constitution  of  such 
authorities and having jurisdiction over such area;” 
(2)   After clause (3), the following clause shall be inserted, namely: - 

“3-a) ‘municipality’ means a municipal corporation, municipality, 
municipal  committee,  town  committee  or  similar  local  authority 
established  under  any  law  for  the  time,  being  in  force  relating  to 
the constitution of such authorities and ‘municipal area’ means the 
local area within the jurisdiction of a municipality;”  

(3)  For clauses (7) and  (8),  the  following  clauses  shall  be  substituted,  

namely: - 

“(7) ‘Qualified midwife’ means a midwife registered or deemed to 
be  registered  under  the  Bombay  Nurses,  Midwives  and  Health 
Visitors  Act,  1954  or  any  other  corresponding  law  for  the  time 
being in force; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE BOMBA NURSING HOMES REGISTRATION ACT 1949 

_________ 

CONTENTS 

FREAMBLE 

SECTIONS. 

1.   
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 

Short title, extend and commencement 
Definitions 
Prohibition to carry on nursing home without registration 
Application for registration 
Registration 
Penalty for non-registration 
Cancellation of registration 
Notice of refusal or of cancellation of registration 
Inspection of nursing homes 
Income of local supervising authority 
Expenses of local supervising authority 
Penalty for offences under Act 
Offences by corporations 
Court competent to try offences under Act 
Indemnity to persons acting under this Act 
Rules 
By-laws 
Saving  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(2)   “Local supervising authority” in the case of a municipal area means the municipality  
        established for such area, and in the  case  of  any  other  area  a  district  local  board  
        established for the said area; 

(3)   “Maternity   home”   means  any   premises  used,  or  intended  to  be  used,  for  the       

  reception of pregnant women or of women in or immediately after child birth; 

1[(3a)   “Municipality”  means   a   Municipal   Corporation,  municipality,  
Municipal Committee, Town Committee or similar local authority 
established under any law for the time being in force relating to the 
constitution  of  such  authorities  and  “Municipal  Area”  means  the 
local area within the jurisdiction of a municipality;] 

(4)    “Nursing Home” means any premises used or intended  to  be  used,  for  the  
reception  of  persons  suffering  from  any  sickness,  injury  or  infirmity  and 
the providing of treatment and nursing for them, and includes a maternity 
home; and the expression “To carry on a nursing home” means to receive 
persons  in  a  nursing  home  for  any  of  the  aforesaid.  Purposes  and  to 
provide treatment or nursing for them; 

5.   “Prescribed” means prescribed by rules made under this Act; 

6.   “Qualified Medical Practitioner” means a medical practitioner registered under the  
  Bombay Medical Act 1912, or any other law for the time being in force; 

2[7.   “Qualified midwife” means a midwife registered or deemed to be registered under  
         the Bombay Nurses, Midwives and Health Visitors Act 1954 or any other  
         corresponding law for the time being in force; 

8.   “Qualified Nurse” means a nurse registered or deemed to be registered under the  
  Bombay Nurses, Midwives and Health Visitors Act 1954, or any other corresponding 

law for the time being in force;]  

9.  “Register” means to register under section 5 of this Act and the expressions  

“Registered” and “Registration” shall be construed accordingly; 

10.  “Rules” means rule made this Act 

Prohibition to carry on nursing home without registration 
3.   No person shall carry on a nursing home unless he has duly registered in respect of  

such  nursing  home  and  the  registration  in  respect  thereof  has  not  been  cancelled 
under section 7: 

Provided  that  nothing  in  this  section  shall  apply  in  the  case  of  a  nursing  home 
3[which is in existence in any area at the date of the coming into force of section 3 in that 
area] for a period of three months from such date or if an application for registration is 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
made  within  that  period  in  accordance  with  the  provisions  of  section  4  until  such 
application is finally disposed of. 
________________________________________________________________________ 
1 Clause (3a) was inserted by Bom. Of 1959, s 5(2) 
2 Clause (7) and (8) were substituted for the original by Bom. 42 of 1959, s 5(3) 
3  These  words  were  substituted  for  the  words  “which  is  in  existence  at  the  date  of  the 
commencement of this Act”, ibid, s 6 
________________________________________________________________________ 

BOMBAY ACT No. XV OF 19491 

[THE BOMBAY NURSING HOMES REGISTRATION ACT 1949]Ψ 

[6th May 1949] 

Adapted and modified by the Adaptation of Laws Order, 1950 
Adapted  and  modified  by  the  Bombay  Adaptation  of  Laws  (State  and  Concurrent 
Subjects) Order 1956 
Amended by Bom. 42 of 1959  
Adapted  and  modified  by  the  Bombay  Adaptation  of  Laws  (State  and  Concurrent 
Subjects) Order 1960 

An Act to provide for the registration and inspection of nursing home in he  
2[State of Bombay] and for certain purposes connected therewith 

WEHREAS it is expedient to provide for the registration and inspection of nursing homes 
in the Province of Bombay and for certain purposes connected herewith; It is hereby 
enacted as follows: - 

Short title extent and commencement 
1.   (1)   This Act may be called the Bombay Nursing Homes Registration Act, 1949 
   3[(2)   This section extends to the whole of the 4[State of Maharashtra.]  The  

  remaining provisions of this Act extend to Greater Bombay, the 5[City of Poona]  
 as constituted under section 3 of the Bombay Provincial Municipal Corporations  
 Act, 1949, the City of Nagpur as constituted under the City of Nagpur  
 Corporation Act, 1948 and the Municipal Borough of Solapur. The State  
 Government may, by notification in the Official Gazette, direct that the said  
 provisions shall extend to such other areas as may be specified in the  
 notifications.] 

      (3)  This section shall come into force at once.  The 6[State] Government may by  

       notification in the Official Gazette, direct that the remaining provisions of this  
      Act shall come into force in any area to which the said provisions extend or may  
       have been extended under sub-section (2) on such date as may be specified in the  
       notification. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Definitions 

2.   In this Act, unless there is anything repugnant in the subject or context 

(1)   “Bylaws” means made by the local supervising authority; 
        7[(1a)   “District local  board”  in  relation  to  any  area  other  than  a  
     Municipal  Area ,  means  a  district  local  board, district board,  
     district Panchayat or Janapada   abha  or  similar  local authority  
     established under, any law for the time being in force relating to  
     the constitution of such authorities and  having jurisdiction over   
     such area;] 

________________________________________________________________________ 
1  For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part  

V, page 84 

Ψ  This Act was extended to that part of the State of Bombay to which immediately  

before the commencement of Bom. 42 of 1959, it did not extend (Vide Bom. 42 of  
1959, s. 27) 

2    These  words  were  substituted  for  the  words  “Province  of  Bombay”  by  Bom.  42  of 
1959, s. 3 
3  This sub-section was substituted for the original by Bom. 42 of 1959, s.4 
4.    These  words  were  substituted  for  the  words  “State  of  Bombay”  by  the  Maharashtra 
Adaptation of Laws (State and Concurrent Subjects) Order, 1960 
5.  These words were substituted for the words “Cities of Poona and Ahmedabad” ibid. 
6.  This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 
1950. 
7.  Clause (1-a) was inserted by Bom. 42 of 1959, s. 5(1) 

Application for registration 
4.   (1)   Every person intending to carry on a nursing home shall make every year an  

  application for registration or the renewal of registration to the local supervising  
  authority: 

Provided that in the case of a nursing home *[which is in existence in any  
area at the date of the coming into force of section 3 in that area] an application 
for registration shall be made within three months from such date. 

       (2)   Every application for registration or the renewal of registration shall be made on  

      such date and in such form and shall be accompanied by such fee as may be  
       prescribed. 

Registration  
5.   (1)   Subject to the provisions of this Act and the rules, the local supervising authority  
              shall, on the receipt of an application for registration, register the applicant in  
              respect of the nursing home named in the application and issue to him a  
              certificate of registration in the prescribed form:   

*  These words were substituted for the words “which is in existence at the date of the 
commencement of this Act” by Bom. 42 of 1959, s. 7 

 
 
 
 
 
 
 
 
 
 
 
  
 
 
Provided that the local supervising authority may refuse to register the applicant if 

it is satisfied -- 

(a)  That he, or any person employed by him at the nursing home, is not a  
fit person, whether by reason of age or otherwise to carry on or to be 
employed  at  a  nursing  home  of  such  a  description  as  the  nursing 
home named in the application; or 

(b)  That the nursing home is not under the management of a person who 
is either a qualified medical practitioner or a qualified nurse and who 
is  resident  in  the  home,  or  that  there  is  not  a  proper  proportion  of 
qualified nurses among the persons having the superintendence of or 
employed in the nursing of the patient in the home; or  

(c)   That in the case  f  a  maternity  home  it  has  not  got  on  its  staff  a  

  qualified midwife; or 

(d)   That      for      reasons     connected    with    situation,    construction,  
       accommodation,  staffing  or  equipment,  the  nursing  home   or   any  
       premises   used  in  connection  therewith  are  not  fit  to  be  used  for      
       a nursing home or premises are used or  are  to  be  used  for  purposes  
       which are in  any  way  improper  or  undesirable  in  the  case of such  
       nursing home. 

     (2)   If  any  person  refuses  to allow any  such  officer  to  enter  or  inspect  any  such  
premises as aforesaid, or to inspect  any such records as aforesaid or obstructs any  
such officer in the execution of this powers under this section, he shall be guilty 
of an offence under this Act.  

Income of local supervising authority 
10.  Any fees received  under this Act shall be paid into the fund of the local supervising  

authority. 

Expenses of local supervising authority 
11.  Notwithstanding anything contained in any enactment in regard to any municipal  or  
Local fund, all expenses incurred by a local supervising at authority under and for 
the purposes of this Act and the rules and bylaws may be paid out of the municipal 
or local fund, as the case may be. 

Penalty for offences under Act 
12.  Whoever contravenes any of the provisions of  this  Act  or  of  any  rule  shall  if  no  
other penalty is elsewhere provided in this Act or the rules for such contravention, 
on  conviction,  be  punished  with  fine  which  may  extend  to  fifty  rupees  and  in  the 
case of a continuing offence to a further fine of fifteen rupees in respect of each day 
on which the offence continues after such conviction. 

*  These words were substituted for the words “which is in existence at the date of the 
commencement of this Act” by Bom. 42 of 1959, s. 7 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Offences by corporations 
13.  Where a person committing an offence under this Act is  a  company  or  other  body  
corporate or an association of persons  (whether incorporated or not), every person 
who at the time of the commission of the offence was a director, manager, secretary, 
agent or other officer or person concerned with the management thereof shall, unless 
he  proves  that  the  offence  was  committed  without  his  knowledge  or  consent,  be 
deemed to be guilty of such offence. 

14.  No court, other than that of a Presidency Magistrate or a Magis rate of the first  class  

shall take cognizance of or try any offence under this Act 

15.  No suit, prosecution or other legal proceeding shall be instituted  against any  person  
for anything which is in good faith done or intended to be done under this Act, rules 
or bylaws. 

16.  (1)  The 1[State] Government may by notification in the Official Gazette, make rules  

   to carry out all or any of the purposes of this Act. 

         (2) Without prejudice to the generality of the foregoing  provisions  such rules  may  

prescribe --   

(a)   the form of the application to be made under section 4. 
(b)   the date on which an application for  registration or renewal of registration to  
 be    made   and   the   fees   to  be  paid  for  such  registration  or  renewal  of   
 registration 

            (c)  the form of the certificate of registration to be issued under section5, 
            (d)  for any other matter for which no provision has been made in this Act, and for  

 which provision is, in the opinion of the * [State] Government, necessary 

      (3)   The power to make rules under this section shall be  subject  to  the  condition  of  

         previous publication in the Official Gazette 

17.   (1)   The local  supervising  authority  may  make  bylaws  not inconsistent  with this  

   Act or rule: - 
(a)  Prescribing the records to be   kept  of  the  patients  received  into  a  nursing  
home and in the case of the maternity home, of miscarriages, abortions or still 
births occurring in the nursing home and of the children born therein and of 
the children so born who are removed from the home otherwise than to the 
custody of care of any parent, guardian or relative; 

________________________________________________________________________ 
* The word was substituted of the Word “Provincial” by the Adaptation of Laws Order, 
1950 

      (2)  A   certificate  of  registration   issued   under   this  section  shall,  subject  to  the  
       provisions of section 7, be in force and shall be valid until the 31st date of March     
       next following the date on which such certificate was issued. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
      (3)   The certificate of registration issued in respect of a nursing home shall be kept  

        affixed in a conspicuous place in the nursing home 

Penalty for non registration 
6.  Whoever contravenes the  provisions  of  section 3, shall ,on  conviction  be  punished  
with  fine  which  may  extend  to  five  hundred  rupees,  or,  in  the  case  of  a  second  or 
subsequent offence, with imprisonment, for a term which may extend to three months 
or with fine which may extend to five hundred rupees or with both. 

Cancellation of registration 
7.  Subject to the provisions of this Act, the local supervising authority  any  at  any  time  
cancel  the  registration  of  a  person  in  respect  of  any  nursing  home  on  any  ground 
which would entitle it  to refuse an application for the registration of that person in 
respect  of  that  home,  or  on  the  ground  that  that  person  has  been  convicted  of  an 
offence under that Act or that any other person has been convict of such an offence in 
respect of that home 

Notice of refusal or cancellation of registration  
8.   (1)   Before  making  an  order  refusing  an  application  for  registration  or  an  order  
 canceling  any  registration,  the   local   supervising  authority  shall  give  to  the  
 applicant or  to  the  person  registered,  as  the  case  may  be,  not  less  than  one  
 calendar month’s notice of  its  intention  to  make   such   an   order,   and   every         
 such notice shall  state  the  grounds  on  which  the  local  supervising   authority   
 intends  to make the order  and  shall  contain  an   intimation   that   if   within   a   
 calendar month after the receipt of the notice the applicant  or  person   registered   
 informs  the authority in writing that he desires so  to  do ,  the  local  supervising   
 authority   shall, before   making   the   order,   give    him  ( in  person   or   by   a    
 representative) an opportunity of showing  cause  why   the  order  should  not  be  
 made.  

      (2)  If   the  local  supervising  authority,  after  giving  the   applicant  or   the   person  
       registered an opportunity of showing cause  as  aforesaid, decides  to   refuse   the  
       application for registration or to  cancel  the  registration, as  the  case  may  be, it   
       shall make an order to that effect and shall send a copy of the order by registered  
       post to he applicant or the person registered. 

      (3)  Any person aggrieved by an order refusing  an  application   for   registration    or  
       canceling any registration may, within a calendar month after the  date  on  which  
       the copy of the order was sent to him, appeal to the * [State] Government  against  
      such  order  of  refusal.  The  decision  of  the *[State]  Government  on  any  such  
      appeal shall be final.   

      (4)  No such order shall come into  force  until  after  the   expiration   of   a   calendar  

 month from the date on which it was made or,  where  notice  of  appeal  is  given     
 against it, until the appeal has been decided or withdrawn. 

*  This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 
1950 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Inspection of nursing homes. 
9.   (1)   The Health Officer of the local supervising authority or the Civil Surgeon  of  the  
  district in which a nursing home is situated or any other  officer  duly  authorised  
  by the local supervising  authority  or  the  Civil  Surgeon  may , subject  to  such  
  general or special orders as may be made by  he  local  supervising  authority,  at  
  all reasonable times enter and inspect any premises which are used, or which that  
  officer has reasonable cause to  believe to  be  used  for  the  purpose  of  nursing  
  home   and   inspect  any  records  required  to  be  kept  in  accordance  with  the  
  provisions of this  Act: 

(a)  Provided that nothing  n  this  Act  shall  be  deemed  to  authorise  any  
 such officer to inspect any medical record relating to any patient  in  a  
 nursing home 

(b)  Requiring   notification  to  be  given  of   any  death  occurring  in  the  

nursing home. 

       (2)   Any by-law made by a local supervising authority  under this  Act  may  provide  

that a contravention thereof shall be punishable --- 

(a)   with fine which may extend to fifty rupees; or 
(b)   with fine which may extend  to  fifty  rupees  and  in  the  case  of  continuing  
 contravention with an additional fine which may extend to fifteen  rupees  for  
 every day during which such contravention continues after conviction for  the  
 first such contravention 

(c)  with fine which may extend to fifteen rupees for every day  during  which  the  
 contravention   continues   after   the  receipt   of   a    notice   from   the  local  
 supervising authority by the person  contravening the  by-law  requiring  such      
 person to discontinue such contravention 

     (3)   No by-law made by the local supervising authority shall come  into force  until  it  
       has been confirmed by the *[State] Government with or without modification 

18.   Nothing is this Act shall apply to -- 
      (i) Any nursing home carried on by Government or a local authority or  by  any  other  

     body of persons approved by the *[State] Government in this behalf; and  

      (ii) Any asylum for lunatics  or  patients  suffering  from  mental  diseases, within  the  

meaning of the Indian Lunacy Act 1912 

________________________________________________________________________ 
*  This  word  was  substituted  for  the  word  “Provincial”  by  Adaptation  of  Laws  Order, 
1950 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
